way that guarantees its independence and impartiality, and should be perceived
as such.
124. The Court notes that the majority of the members of the Ivorian electoral body
are appointed by personalities and political parties contesting elections.
125. The Court is of the opinion that, for a body to be able to reassure the public
about
its ability to organise transparent, free and fair election, its composition
must be balanced.
126. The issue here is therefore to determine whether the composition of the Ivorian
electoral body is balanced.
127. Article 5 of the impugned law provides that:
“The
Independent
Commission
Electoral
Commission
and local Commissions
shall
comprise
a
at regional, departmental,
Central
communal
and sub-prefectural levels.
Members of the Central Commission shall comprise:
i)
1 (one) representative of the President of the Republic;
ii)
1
(one)
representative
of the
President
of
the
National
Assembly;
iii)
1
(one)
representative
of
the
Minister
of
Territorial
Administration;
iv)
1 (one)
representative of the Minister of the Economy
and
Finance;
v)
1 Magistrate appointed by the High Judicial Council;
vi) 4 (four) representatives of the Civil Society two of whom shall
be
drawn
from
Governmental
faith-based
organizations,
one
non-religious
Organizations
and
from
a
NonLawyer
appointed by the Bar;
wA~7)]
wee
N
t
29